Year
2004
Jurisdiction
Queensland
Forum
Federal Court
Issues (legal)
Society
Summary
Cooper J
The determination recognised non-exclusive rights to access the land and waters in accordance with traditional laws and customs. Justice Cooper found that the group retained its identity and existence as a society even though most members of the group did not live on country or a 'traditional' lifestyle. His Honour found that the group's relationship to the land and wasters wsa one of 'sustenance and religious and spiritual belonging.' His Honour did not accept that the claimants had exclusive rights to control access to the area nor access to the fish, dugong, and turtles within the claim area.